According to a claim filed in Grand Court yesterday, April 12, 2024, the owner of a Honda Fit is suing the driver of a Toyota Liteace for general and special damages in connection with an accident on Eastern Avenue, George Town. The Honda Fit driver alleged that the accident was caused by the driver of a Toyota Liteace’s negligence and/or breach of statutory duty.
It is alleged that, on or about October 1, 2021, the Honda Fit driver “was lawfully travelling westbound along Eastern Avenue, George Town.”
The driver of a Toyota Liteace was allegedly positioned at the exit of Reflections Liquor Store on Eastern Avenue. While attempting to exit the liquor store, the driver made a right-hand turn and crossed into the Honda Fit driver’s lane of westbound traffic.
Allegedly, the Honda Fit driver attempted to avoid a collision but was unable to do so.
Under the circumstances, the driver of a Toyota Liteace reportedly collided with the front right bumper and quarter panel of the Honda Fit, causing damage.
The Honda Fit driver detailed his allegations that the driver of a Toyota Liteace was negligent and is guilty of the breach of his statutory duties by “attempting to make a turn when it was unsafe to do so, failing to give the right of way to all approaching vehicles before making a right-hand turn, failing to drive in such a manner as to have full control of the vehicle at all times, failing to exercise due care and attention when using the road and failing to have due regard to the safety of other road users, acting recklessly with disregard for the safety of others, failing to exercise reasonable skill and care to be expected of a reasonably skillful and careful driver in the circumstances, and failing to comply with the road code.”
Allegedly, as a result of the foregoing, the Honda Fit driver “suffered injuries and had to be transported by ambulance to the George Town hospital.” The said injuries included a head injury, soft tissue injury to his right elbow ligament, pain in his right elbow radiating down the arm, weakness to his right arm, reduced grip strength in his right hand, and pain and stiffness of his lower back.
The Honda Fit driver allegedly continues to suffer from several of the above injuries and is impacted by them daily.
Further, the claim alleged that the Honda Fit driver suffered a past and future loss of income and earning capacity since he was unable to work as a fleet analyst and mechanic for an extended period of time and has since been incapable of working at the same capacity due to his injuries.
